Rasmusson v. Schmalenberger

Christianson, Oh. J.

Plaintiff brought this action to enforce specific performance of a certain contract for the sale of land by the plaintiff to the defendant. The defendant admits that he purchased the land from the plaintiff under a written contract as alleged in the complaint, and he alleges that he is ready, willing and able to perform the terms thereof by paying the balance of the purchase price and will do so upon plaintiff’s delivery to him of a merchantable title; but he asserts that plaintiff is not in position to convey such title. The case was submitted upon a stipulated statement…